Immigration Act 2009

Miscellaneous provisions - Responsibilities of certain operators of airports and ports

385: Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc

You could also call this:

"Airport and port bosses must provide special areas and facilities for the government."

If you are in charge of an airport or port, you must provide certain areas and facilities. You must do this if your airport or port has been designated under section 382. The chief executive decides what you need to provide. When the chief executive makes a decision about an airport, they consider any plans the airport operator has made under subpart 3 of Part 7 of the Civil Aviation Act 2023. You can charge the Department for providing these areas and facilities, but not for areas used to process people arriving or departing. This applies even if other laws, like the Airport Authorities Act 1966 or Part 7 of the Civil Aviation Act 2023, say something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441205.

This page was last updated on 4 April 2026 — View changes

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384: Endorsement in foreign passport, or

"How to get your New Zealand citizenship noted in a foreign passport"

386: Serving and giving notices, etc, to Minister and officers, or

"How to deliver notices to the Minister and immigration officers"

Part 11Miscellaneous provisions
Responsibilities of certain operators of airports and ports

385Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc

The operator of an airport or a port that is subject to a designation under section 382 must provide and maintain the operating areas, accommodation, facilities, buildings, equipment, and storage in the airport or port as the chief executive determines is reasonably necessary and suitable for carrying out immigration functions in relation to people arriving in and departing from New Zealand.
The chief executive must, when making a determination in relation to an airport under subsection (1), have regard to any regulatory airport spatial undertaking given by the airport operator under subpart 3 of Part 7 of the Civil Aviation Act 2023 that is in effect.
The operator of the airport or port may impose a reasonable charge or charges on the Department for providing the operating areas, accommodation, facilities, buildings, equipment, and storage required by the chief executive under subsection (1), but no charge may be imposed on the Department in respect of any operating area used for the processing of persons arriving in or departing from New Zealand (including any area used for the purposes of ensuring that a person is placed on the first available craft leaving New Zealand).
Subsection (2) applies despite anything to the contrary in the Airport Authorities Act 1966 or Part 7 of the Civil Aviation Act 2023.

Compare

1996 No 27 s 18(1), (2), (3)(a)

Notes

Section 385(1A): inserted, on 5 April 2025, by section 486 of the Civil Aviation Act 2023 (2023 No 10).
Section 385(3): amended, on 5 April 2025, by section 486 of the Civil Aviation Act 2023 (2023 No 10).